[[1]HISTORY: Adopted by the Town Board of the Town of Holland 7-13-1988 by L.L. No. 2-1988; amended in its entirety 9-11-2002 by L.L. No. 2-2002. Subsequent amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was changed from "Buildings, Unsafe" to "Buildings and Property, Unsafe" 12-11-2024 by L.L. No. 2-2024.
[Amended 12-11-2024 by L.L. No. 2-2024]
A. 
Appointment.
(1) 
The Public Officer, who shall be appointed for a term of one year, will be confirmed by the Holland Town Board.
(2) 
The Assistant Public Officer, who shall be appointed for a term of one year, will be confirmed by the Holland Town Board, and, when so appointed, he or she shall exercise all of the powers prescribed for the Public Officer at the direction of the Public Officer or in the event of the disability or temporary absence of the Public Officer.
B. 
Duties. The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers, in addition to others herein granted:
(1) 
To investigate the building or property conditions in the Town in order to determine which buildings or property therein are unfit for human habitation, occupancy or use.
(2) 
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.
[Amended 12-11-2024 by L.L. No. 2-2024]
Whenever a notice to remedy has been served upon the owner of property or at least five residents of the Town of Holland have filed a complaint charging that any building or property is unfit for human habitation, or occupancy or use and the Public Officer/ZEO shall have investigated such complaint and determined that the building or property is unfit for human habitation, occupancy or use, said officer shall file an information with the Town of Holland Justice Court for the issuance of an appearance citation.
[Amended 12-14-2022 by L.L. No. 3-2022; 12-11-2024 by L.L. No. 2-2024]
Upon the filing of a complaint by the Public Officer/ZEO with the Town Board charging that a building or property is unfit for human habitation, or occupancy or use, the following procedures is hereby adopted:
A. 
A notice is to be served upon the owner or someone of the owner's executors, legal representatives, agents, lessees, or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, but if the whereabouts of such person is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence and the Public Officer shall make an affidavit to that effect, then the serving of the complaint or order upon these persons may be made by publishing the same once in a newspaper printed and published in the Town or, in the absence of the newspaper, in one printed and published in the County of Erie and circulated in the Town.
B. 
The notice shall set forth the time within which the person served with such notice may commence the securing or removal of buildings or structures. There shall be a hearing before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish.
C. 
A filing of a copy of such notice in the office of the County Clerk of the County of Erie within which such building or structure is located.
D. 
If the Town Board shall determine after such notice and hearing that the building or property under such consideration is unfit for human habitation, occupancy or use, the Public Officer/ZEO shall state in writing the findings of facts of the Town Board in support of the determination and shall issue and cause to be served upon the owner thereof and parties of interest an order as follows:
(1) 
Requiring the repair, alteration or improvement of the building or property to be made by the owner, within a reasonable time, which time shall be set forth in the order or, at the option of the owner, to vacate or have the building vacated and closed within the time set forth in the order.
(2) 
If the building or property is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building or property within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time, as specified in the order of removal.
[Amended 12-11-2024 by L.L. No. 2-2024]
It shall be the duty of the owner, or his or her agent, or the occupant or his or her agent, of any lot, building, premises, or place of any kind within the Town of Holland where any nuisance may exist to remove, abate or destroy the same without delay. Whenever a nuisance is found to exist on rented premises, the owner, or his or her agent, and the occupant may each be liable for its existence. If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Town Board may cause the building or property to be repaired, altered or improved or to be vacated and closed, with an assessment of all costs and expenses incurred by the Town in connection with the proceeding to remove or secure, including the cost of actually removing said building or structure, obstructions or garbage, against the land on which said building or structures are located.
[Amended 12-11-2024 by L.L. No. 2-2024]
Whatever is dangerous to human life or health, or whatever renders the ground, the water, the air a hazard or injury to human life or health or that is offensive to senses or that is, or threatens to become, detrimental to the public health is hereby declared to be a nuisance, and prohibited, and made unlawful. The Public Officer/ZEO may determine that a building or property is unfit for human habitation, occupancy or use if he or she finds that conditions exist in the building or property which are dangerous or injurious to the health and safety of the occupants of the building, the occupants of neighboring buildings or other residents of the Town. Such conditions may include the following, without limiting the generality of the foregoing:
A. 
Defects therein increasing the hazards of fire, accident or other calamities.
B. 
Lack of adequate ventilation, light or sanitary facilities.
C. 
Dilapidation, disrepair, structural defects or uncleanliness.
D. 
All land, including exterior premises and vacant land, whether improved or unimproved, shall be maintained free from any hazard or accumulation of garbage, debris, rubble, hazardous waste, litter, rubbish, refuse, waste material, or blight, which includes, but is not limited to, graffiti on walls, fences, mailboxes, etc.; bottles; papers; glass; cans; organic or inorganic material; the exterior visible use or display of tarps, plastic sheeting, or other similar materials as flexible or inflexible screening, fencing or wall covering upon a residential lot; an accumulation of inoperable vehicles, discarded, broken, or inoperable appliances; discarded or broken furniture; broken glass; discarded, broke or inoperable equipment, discarded or broken bicycles, electric bicycles, electric scooters, motorized play vehicles, motorized skateboards, an accumulation of vehicle, bicycle, motorized skateboard, motorized play vehicle, electric bicycle, electric scooter or appliance parts; piles of mixed materials; dry vegetation; rags; empty barrels; boxes; crates; packing cases; mattresses; bedding; excelsior; packing straw; packing hay or other packing material; lumber piled; lumber stored in front yards; building materials; scrap iron, tin or other metal piled or anything whatsoever in which insects, rodents, snakes or other harmful pests may live, breed or multiply or which may otherwise create a fire hazard.
E. 
The exterior accumulation of weeds, dirt, litter, rubbish, or debris on the property to such an extent that it constitutes visual blight as well as applies in situations where weeds and rubbish on private property are not necessarily visible to public view. Neglected or inadequately maintained landscaping, trees, hedges, lawns, shrubs, plants, other vegetation, which:
(1) 
Is dead, decayed, diseased, debris laden, weed infested, overgrown, or dying because of neglect, physical damage, disease, pest infestation or lack of water;
(2) 
Overgrown as to be blighted or likely to harbor rats or vermin;
(3) 
Could create a fire hazard or otherwise be dangerous to public health, safety and welfare;
(4) 
Interferes with or impedes with flow of traffic, whether vehicular or pedestrian, or obstructs visibility on streets, intersections, sidewalks, or other public rights-of-way; or
(5) 
The parking of vehicles on lawns, vegetation, dirt, or any other surfaces which are not paved and graded to eliminate dust or any mud and drained as to dispose of all surface water per the Town's standard specifications on file.
[Added 12-14-2022 by L.L. No. 3-2022]
In cases where it reasonably appears that there is a clear and present danger to the life, health or safety of any person, unless a dangerous or unsafe building is immediately repaired or demolished, the Town Board may cause its immediate repair or demolition or that it be otherwise secured. An assessment of all costs and expenses incurred by the Town shall be charged against the land upon which such building is located.
[Amended 11-14-2007 by L.L. No. 2-2007]
For violation of any provision of this chapter, the maximum penalty shall be a fine of $500 and/or 15 days in jail. Each and every violation of any provision of this chapter shall be considered as a separate violation and shall subject the person so charged to the maximum penalty.